The Power of Truth – Satyam Ev Jayate

RTI Request Registration number MODEF/R/2016/52749, MODEF/R/2017/50746, MODEF/R/2017/51245 &

First Appeal MODEF/A/2017/60319

Public Authority: Department of Defence

Personal Details of RTI Applicant:-

Name S Y Savur

Description of Information Sought

Please refer to MoD Resolution 01 (E), F No. 1 (6)/2016/D (Pay/Services) and 02 (E), F No. 1(7)/2016/D (Pay/Services) both dated 05 Sep 2016.

2. Please provide photocopies of information as defined in Sec 2 (f) of the RTI Act, 2005 including file notings, departmental and inter-ministerial discussions, deliberations, memos, UOs, ID Notes related to the issue of the above Resolutions.

Additional payment requirement may please be intimated online for speedy payment and expeditious provision of information requested for.

Request for Additional Payment

RTI MATTER

35(1)/2015/D (Pay/Services)

Government of India

Ministry of Defence

New Delhi, Dated 1^st November, 2016

To

-----------------

Subject:   Seeking information under RTI Act, 2005

Sir,

          Reference is invited to MoD ID No. MODEF/R/2016/52749/D (RTI) dated 29.09.2016 forwarding your application dated 07.09.2016 (Received in this office on 13.10.2016) on the above subject.

2.      The requested information/documents available in this Section relating to the issue of the MoD Resolution 01 (E), F No. 1(6)/2016/D (Pay/Services) and 02 (E), F No. 1(7)/2016/D (Pay/Services) both dated 05 September 2016 are in 35 pages. You are therefore, requested to deposit Rs 70/- (@ Rs 2/- per page for 35 pages) for providing copies of file notings etc in the form of IPOs which needs to be drawn in favour of AO (DAD), Ministry of Defence (Civil). The other modes of payment as prescribed in RTI Act, 2005 may also be used for depositing the prescribed fee before the requisite information is sent by the Ministry.     

Yours faithfully,

Sd/-------------

(Prashant Rastogi)

CPIO & Under Secretary

Additional Payment

From                                                                                                22 Nov 16

S Y Savur,

141, Jal Vayu Towers,

NGEF Layout, Indira Nagar (PO),

Bangalore – 560038

To,

CPIO & Under-Secretary, D (Pay/Services)

(Attn: Shri Prashant Rastogi)

Ministry of Defence

Sena Bhawan

New Delhi – 110011

Sub: Additional payment for information requested under RTI Act, 2005

Sir,

Please refer to MoD 35(1)/2015/D (Pay/Services) dated 01 Nov 16, received on 14 Nov 16.

Enclosed are Indian Postal Orders for the value of Rs 70/- drawn in favour of AO (DAD), Ministry of Defence (Civil) payable at New Delhi for 35 photocopied pages relevant to MoD ID No. MODEF/R/2016/52749/D (RTI) dated 29.09.2016 received in your office on 13/10.2016.

Please acknowledge receipt.

Yours faithfully,

(S Y Savur)

Encl: IPOs Numbers 87G-016565 for Rs 50/- and 25G-825129 for Rs 20/-.

        Speed Post

RTI Matter

No. 35 (1)/2015/D (Pay/Services)

Government of India

Ministry of Defence

New Delhi, the 16^th December 2016

To

          Shri S Y Savur,

141, Jal Vayu Towers,

NGEF Layout,

Indira Nagar (PO),

Bangalore – 560038

Subject: Seeking information under RTI Act – 2005

Sir,

I am directed to refer to your letter dated 19 Nov 2016 (Received on 29.11.2016) enclosing therewith IPOs of Rs 70/- towards cost of photocopying charges in response to MoD ID Note of even number dated 01 Nov 2016.

2.      In this regard, it is stated that the relevant file is under submission in connection with examination of another matter. The information shall be given on receipt of the required file in the section.

3.                 The Appellate Authority is Shri Preetpal Singh, Director (AG-I), Ministry of Defence, Room No. 102, Sena Bhavan, New Delhi. 

Yours faithfully,

Sd/----------------

16/12/17

(Prashant Rastogi)

Under Secretary & CPIO

Copy to: 

D (Cash) – alongwith IPOs of Rs 50/- (No. 87G 016565) and Rs 20/- (No. 25G 825129) n.a

MODEF/R/2017/50746 dated 20 Mar 2017

Online RTI Request Form Details

RTI Request Details:-

RTI Request Registration number MODEF/R/2017/50746

Public Authority Department of Defence

Personal Details of RTI Applicant:-

Deleted

Request Details:-

Citizenship Indian

Is the Requester Below Poverty Line ? No

(Description of Information sought (upto 500 characters)

Description of Information Sought

Please refer to earlier RTI request No. MODEF/R/2016/52749 and reply of CPIO requesting payment of Rs 70/- for 35 pages of photocopied information vide File Number 35 (1)/2015/D (Pay/Services) dated 1st November 2016 and remitted vide Indian Postal order Numbers 25G 825129, 87G 016565 both dated 22nd November 2016 and sent by RPAD Article Number RK308915507IN dated 22nd November 2016.

Please provide information without further delay.

Online RTI Status Form

Enter Registration Number	MODEF/R/2017/50746
Name	S Y SAVUR
Date of filing	20/3/2017
Public Authority	Department of Defence
Status	REQUEST DISPOSED OF
Date of Action	27/04/2017
Reply: - Reply sent vide MoD letter No. 35 (1)/2015-D (Pay/Services) dated 12.4.2017
CPIO details: -	Prashant Rastogi Phone:
First Appellate Authority Details: -	Preetpal Singh Phone: 23011593
Nodal Officer Details: -
Telephone Number	23016813
Email ID

Speed Post

RTI Matter

No. 35 (1)/2015/D (Pay/Services)

Government of India

Ministry of Defence

New Delhi, the 12^th April 2017

To

          Shri S Y Savur,

141, Jal Vayu Towers,

NGEF Layout,

Indira Nagar (PO),

Bangalore – 560038

Subject: Seeking information under RTI Act – 2005

Sir,

Reference is invited to your on-line RTI application dated 20.3.2017 (Regn No. MODEF/R/2017/50746) and this Ministry’s ID Note of even number dated 16^th December, 2016.

2.      The matter has been re-examined and it is stated that the information/notings in the MoD file on pay and allowances of the Armed Forces cannot be provided because the information can be used to create dissatisfaction/unrest in the Defence Forces which will prejudicially affect the security of the country. The information, can, therefore, not be furnished as provided under Section 8 (1) (a) of the RTI Act, 2005. However, the matter regarding returning of amount of Rs 70/- deposited earlier as cost of photocopy charges, is separately being taken up with Cash Section MoD.  

3.       The Appellate Authority is Ms Manisha Bhatnagar, Deputy Secretary (AG-I), Ministry of Defence, Room No. 102, Sena Bhavan, New Delhi. 

Yours faithfully,

Sd/----------------

12/4/17

(Prashant Rastogi)

Under Secretary & CPIO

Received by Speed Post on 2^nd May 2017.

MODEF/R/2017/51245 dated 17 May 17

Online RTI Request Form Details

RTI Request Details:-

RTI Request Registration number MODEF/R/2017/51245

Public Authority Department of Defence

Personal Details of RTI Applicant:-

Deleted by author

Request Details:-

Citizenship Indian

Is the Requester Below Poverty Line ? No

(Description of Information sought (upto 500 characters)

Description of Information Sought

Please refer to MoD OM 35(1)/2015/D (Pay/Services) dated 12.04.2017 in reply to MODEF/R/2017/50746.

Please provide information as defined in Section 2 (f) and in Section 10 (1) and (2) (b) of the RTI Act 2005 providing the reasons for the decision, including any findings on any material question of fact, referring to the materials on which the findings in paragraph 1 and 2 of the above OM dated

12.04.2017 were based.

Reply to MODEF/R/2017/51245

Speed Post

RTI Matter

No. 35 (1)/2015/D (Pay/Services)

Government of India

Ministry of Defence

New Delhi, the ? June, 2017

To

          Shri S Y Savur,

141, Jal Vayu Towers,

NGEF Layout,

Indira Nagar (PO),

Bangalore – 560038

Subject: Seeking information under RTI Act – 2005

Sir,

Reference is invited to your on-line RTI application dated 17.5.2017 (recd on 23.5.2017) (Regn No. MODEF/R/2017/51245) and w.r.t. this Ministry’s reply of even number dated 12^th April, 2017.

2.      The matter has been examined. The reasons for the decision have already been given vide reply dated 12.4.2017.  

3.       The Appellate Authority is Ms Manisha Bhatnagar, Deputy Secretary (AG-I), Ministry of Defence, Room No. 102, Sena Bhavan, New Delhi. 

Yours faithfully,

Sd/----------------

23/6/17

(Prashant Rastogi)

Under Secretary & CPIO

Received by Speed Post on 1^st July 2017.

First Appeal MODEF/A/2017/60319 dated 1^st June 2017

Online RTI Appeal Form Details

RTI Appeal Details:-

RTI Appeal Registration number MODEF/A/2017/60319

Public Authority Department of Defence

Personal Details of Appellant:-

Request Registration Number MODEF/R/2017/51245

Request Registration Date 17/05/2017

Name S Y Savur

Gender Male

Address 141 Jal Vayu Towers , NGEF Layout, Indira Nagar (PO), Bengaluru

Pincode 560038

Country India

State Karnataka

Status Urban

Educa_onal Status Literate

Phone Number +91-8762516278

Mobile Number +91-9688782227

Email-ID sharad10525[at]gmail[dot]com

Appeal Details :-

Citizenship Indian

Is the Requester Below Poverty Line? No

Ground For Appeal No Response within the Time Limit

CPIO of Public Authority approached Details not provided

CPIO's Order/Decision Number Details not provided

CPIO's Order/Decision Date

(Description of Information sought (upto 500 characters)

Prayer or Relief Sought

1. I am aggrieved by the lack of any reply by the CPIO within the time frame established by the RTI Act, 2005.

2. The basis this request for information is available reply of CPIO in MoD F No. 35 (1)/2015/D(Pay/Services) dated 12.4.2017, dispatched by Speed Post on 29.4.2017 and received by this appellant on 02.5.2017.

3. I have neither been given notice for the reasons for the conclusion that the CPIO arrived at thereby violating principles of natural justice and an opportunity for this applicant/appellant to provide a justification for requesting the information.

4. I requested the CPIO to provide information under Section 10 (2) (b) of the RTI Act, 2005 wherein the CPIO shall give notice informing the reasons, including any findings on any question of material fact, referring to the material on which these findings were based.

5. The First Appellate Authority (FAA) may insist upon the CPIO to honour the laws of the land, the RTI Act, 2005 enacted by the honourable Parliament

and notified by the Govt of India, which the FAA and CPIO are both serving and the principles of natural justice which are as important.

Order of the First Appellate Authority

RTI Matter

By Speed Post

No. 35 (2)/2017/D (Pay/Services)

Government of India

Ministry of Defence

New Delhi, the 11^th July 2017

ORDER

          This is with reference to the appeal dated 1.6.2017 filed by Shri SY Savur (received on 6.6.2017) against CPIO, MoD reply of even number dated 12.4.2017 in respect of RTI application dated 20.3.2017.

2.      Whereas the aforesaid appeal was considered on the basis of the facts submitted by the applicant, who is aggrieved that the CPIO instead of just refusing information under Section 8 (1) of the RTI Act, 2005 has imputed evil motive that the information provided can be used to create dissatisfaction/unrest in the Defence Forces. Further, the assurance of return of Rs 70/- paid towards the photocopying charges has also not been returned. The appellant has requested that the information requested for in the ibid RTI requires may be provided at the earliest. Alternatively, steps be taken to honour the assurance of return of the photocopying charges sent in November, 2016.

3.       Whereas the comments furnished by the CPIO, D (Pay/Services), MoD have been examined. The information as asked for has been denied by CPIO, D (Pay/Services) vide MoD letter of even number dated 12.4.2017 under the RTI Act, 2005 as the 7^th Pay Rules were under issue at that time.     

4.      Whereas the CPIO has submitted that the applicant vide his RTI application dated 7.9.2016 had sought photocopies of file notings, departmental and inter-ministerial discussions, deliberations, memos, UOs, ID Notes culminating to the issue of 7^th CPC Resolution in respect of Defence Forces personnel. After that the action taken in D (Pay/Services) is as under: -

·        It was intimated to the applicant vide letter dated 1.11.2016 to deposit Rs 70/- towards cost of photocopy of noting containing 35 pages. Thereafter the applicant deposited Rs 70 through IPO vide letter dated 19.11.2016. However, as the file of 7^th CPC Resolution was under submission to MoF in connection with another case the matter could not be processed further. The applicant was given an interim reply stating the position vide letter dated 16.12.2016.

·        In the meantime, a fresh RTI application dated 20.3.2017 was received from Shri SY Savur for providing the information sought vide his application dated 7.9.2016 and vide letter dated 1.11.2016. The matter was reviewed. It was observed that the matter of pay and allowances to the defence services is a very important one and is very sensitive. Any misinformation or misrepresentation regarding pay or allowance matter may have serious repercussions on the motivational levels of the armed forces. The pay and allowances matters are very sensitive in nature and have a capacity to cause deep frustration and demotivation lowering the morale of the armed forces. This is a very serious situation which cannot be allowed to happen because it may have a very bad affect on the security situation on the borders as well as whole of the country.

·        Based on the above, the information was denied to the applicant as per MoD letter dated 12 Apr 2017. Simultaneously Cash Section was asked for making provision for returning the amount of Rs 70/- to the applicant as per procedure but no response for returning the amount has been received from Cash/Genl Section who is required to issue the sanction of Rs 70/-.      

5.       However, the matter has been re-examined. The Department of Defence has already issued the Resolutions dated 5.9.2016 and subsequent Resolutions/notifications with Pay Rules in respect of Personnel of Defence Forces and other related Services which are available on the website. It has been found that CPIO had acted in good faith under Section 21 of the RTI Act, 2005 in view of the circumstances existing at that point in time. The CPIO did not have any malafide intentions.

6.      However, now the same circumstances do not prevail. It is, therefore ordered that the CPIO shall provide photocopies of the Notes etc relating to the issue of Resolution No. 1(6)/2016/D (Pay/Services) and 1(7)/2016/D(Pay/Services) both dated 5.9.2016 to the appellant by 14.7.2017.

7.       If the appellant is not satisfied with this order, he may make a second appeal to Information Commissioner, Old JNU Campus, New Delhi.

8.      Although the appeal was received on 6.6.2017 in this department, it is being disposed today i.e. 11.7.2017. As the CPIO was on leave on and off during a considerable period of disposing of this appeal due to personal reasons, his comments for not giving the information in his reply dated 12.4.2017 could not be obtained in time by the First Appellate Authority. The present appeal is accordingly disposed of.

Sd/------------

11/7/2017

(Manisha Bhatnagar)

Deputy Secretary (AG-I) & First Appellate Authority

Copy of this order be supplied to: - Shri SY Savur, 141, Jal Vayu Towers, NGEF Layout, Indira Nagar (PO), Bengaluru-560038

2.      Shri Prashant Rastogi, CPIO, D (Pay/Services), MoD.

(Author’s Note: Received on 17^th July 17) 

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Please Note: File notings (38 pages) in the next two posts.